Limiting the damage

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By Legal Futures

4 June 2010


Police: co-operation dilemma

Q. I acted for a client in connection with an interview under caution at the police station. Whilst taking instructions before the interview, the client lost his temper and caused damage to the furniture. The police have now asked me to provide a statement with regard to the matter. What is my position?

A. You are not required to provide a statement. However, whilst you owe a duty of confidentiality to the client, this does not extend to this incident, which is not part of the retainer. You could therefore provide a statement if you wished to do so, provided you do not disclose any information which is confidential to the retainer.  

The SRA encourages the profession to cooperate with the police insofar as they can, but you will need to consider the likely impact on the solicitor-client relationship if you are still acting for the client.



One Response to “Limiting the damage”

  1. I have blogged on this here: I argue you seem to me to be saying Rule 1.01 does not take precendence over Rule 1.04

    http://lawyerwatch.wordpress.com/2010/06/07/public-interest-vs-client-interest/

  2. Richard Moorhead on June 7th, 2010 at 10:06 am

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Be careful you do not leave anything behind: will we see the end of chambers?

Charles Feeny

Experience of practice by digital support suggests that working practices will become much more informal and spontaneous, not requiring support by specific entities or even contractual arrangements. This is likely to be particularly true of the Bar, which is or should be a profession focusing on individuals. The future of the Bar is more likely to resemble a library as seen in Scotland and Ireland – albeit an electronic library – rather than the traditional chambers structure.

January 18th, 2017